The Acas Code of Practice on Disciplinary and Grievance Procedures sets the minimum fair-process standard UK employers must follow when handling misconduct, poor performance, or complaints raised by staff.1Acas. Acas Code of Practice on Disciplinary and Grievance Procedures The Code is not law, but employment tribunals must take it into account, and either side that unreasonably ignores it can see a tribunal award adjusted by up to 25%.2Legislation.gov.uk. The Code of Practice (Disciplinary and Grievance Procedures) Order 2015 That gives both employers and employees a strong financial reason to follow it properly.
When the Code Applies
The Code covers formal disciplinary action over misconduct or poor performance, and formal grievances raised by employees. It applies to anyone legally classed as an employee, and employers may extend the same process to other workers if they choose.
It does not apply to redundancy dismissals or to the non-renewal of a fixed-term contract that reaches its end date. Those follow separate legal frameworks. If you are being made redundant and your employer skips the steps below, a tribunal will not penalise them under this Code. If you are facing a misconduct hearing, however minor the alleged conduct, the Code sets the floor.
Trying to Sort It Out Informally First
Not every workplace disagreement needs a formal procedure. A quiet conversation about a minor performance slip or a low-level personality clash often resolves things faster and with less damage to the working relationship. The Code encourages that approach before anything is escalated.
Where informal talk isn’t enough, mediation is an option at any stage. It’s voluntary, confidential, and run by a neutral third party. Mediation works best for relationship-based disputes such as communication breakdowns, bullying allegations, or personality clashes. It isn’t typically used for pay disputes, conduct issues, or dismissals.3Acas. What Mediation Is and How It Can Help If no agreement is reached, nothing said in mediation can be used in a later formal procedure or tribunal hearing. Mediation can also help rebuild a working relationship after a disciplinary or grievance process has concluded.
The Disciplinary Process Step by Step
Before any formal action, the employer must investigate. That means gathering facts, interviewing witnesses where appropriate, and collecting documents. In misconduct cases, the Code recommends that different people carry out the investigation and the later hearing wherever practicable.4Acas. Acas Code of Practice on Disciplinary and Grievance Procedures Separating those roles reduces the risk that the person judging the outcome has already formed a view during fact-finding.
Once the employer decides a formal hearing is warranted, the employee must receive written notice. The notification should include the nature of the alleged misconduct or performance issue, the evidence gathered during the investigation, the date, time, and location of the hearing, the right to be accompanied, and the possible outcomes.5Acas. Step 4 – The Hearing – Disciplinary Procedure All of this should arrive in good time so the employee can prepare a proper response. The Code doesn’t specify an exact notice period. “Reasonable time” is the benchmark: a couple of working days for a straightforward matter, longer for complex cases.
Sharing the evidence early is one of the most important safeguards. The employee needs to see witness statements, emails, CCTV, or whatever else the employer plans to rely on. Springing new evidence at the hearing itself risks a tribunal finding the process unfair.
Gross Misconduct
Gross misconduct is behaviour so serious that it fundamentally breaks the employment relationship. Common examples are fraud, physical violence, serious neglect of duties, and serious insubordination such as refusing a reasonable instruction from a manager.6Acas. Types of Dismissal Many employers define further examples in their own policies.
Where gross misconduct is found, the employer can dismiss without notice and without going through earlier warning stages. But a fair procedure is still required before that decision. Skipping the investigation or hearing because the conduct seems obvious is one of the most common mistakes employers make in this area, and it regularly produces successful unfair dismissal claims even when the underlying conduct was genuine.
Suspension During Investigation
Sometimes the allegation is serious enough that the employer decides the employee shouldn’t remain at work while the investigation runs. Suspension is not a punishment. It should be on the employee’s usual pay, and the employer must make that clear in the suspension letter.7Acas. The Process – Suspension During a Work Investigation
Before suspending, the employer should consider alternatives: changing shifts, allowing home working, moving the employee to a different site, or restricting system access. If none of those works, the suspension letter should explain why. It should also give enough detail about the allegation so the employee understands why they’ve been sent home, the expected duration, a named point of contact, and information about any available support such as an employee assistance programme.8Acas. Suspension During an Investigation at Work Letter Template
There is no set minimum or maximum period, but the employer should keep suspension as short as possible and review it regularly. A suspension that drags on for weeks without progress can damage the employee’s wellbeing, erode trust, and potentially breach the employment contract itself.
The Hearing and the Right to Be Accompanied
Under Section 10 of the Employment Relations Act 1999, a worker invited to a disciplinary or grievance hearing has a statutory right to be accompanied.9Legislation.gov.uk. Employment Relations Act 1999 – Section 10 The companion must be a fellow worker employed by the same employer, a trade union official, or a trade union representative certified as trained or experienced in the role.
There is no statutory right to bring a solicitor or other legal representative. Unless the contract specifically provides for it, the employer isn’t obliged to allow legal representation.10Acas. Discipline and Grievances at Work – The Acas Guide Demanding a lawyer is not a valid reason to postpone or adjourn a hearing.
During the hearing, the companion can put the employee’s case, sum it up, respond to points raised, and confer with the employee. The companion cannot answer questions on the employee’s behalf. The hearing itself follows a straightforward pattern: the employer presents the investigation findings, the employee responds with their own account or evidence, and both sides can ask questions. Keep a written record. Any later appeal or tribunal claim will turn on it.
Possible Disciplinary Outcomes
After the hearing, the employer decides on the outcome and puts it in writing. The range of possible results, roughly in order of severity:
- No further action, where the investigation didn’t establish misconduct or a performance problem.
- Informal warning, sometimes called a verbal warning, appropriate where the issue was minor.
- First written warning, the usual first formal step when misconduct or poor performance is confirmed.
- Final written warning, issued if the employee repeats the misconduct or fails to improve within the timeframe set by a first warning. For serious matters, the employer can skip straight to a final written warning.
- Other disciplinary action, such as demotion or a move to a different role instead of dismissal.
- Dismissal, reserved for gross misconduct or where earlier warnings haven’t resolved the problem.
The decision letter should explain which outcome was chosen and why, and must inform the employee of their right to appeal.11Acas. Step 5 – Deciding the Outcome – Disciplinary Procedure
Raising a Grievance
When an employee has a complaint about the employer, a colleague, or working conditions, they should raise it formally in writing with a manager. The written grievance should explain the nature of the concern and give enough background for the employer to understand the issue.12Acas. Discipline and Grievances at Work – The Acas Guide Where the complaint is about the employee’s direct manager, the grievance should go to a different manager.
The employer should acknowledge receipt promptly and arrange a meeting. The same right to be accompanied applies. After the meeting, the decision goes in writing and includes the right to appeal. Supporting documents such as emails or diary notes help substantiate the grievance and build a clear record if things go further.
Appeals
After either a disciplinary or grievance outcome, the employee can appeal. The appeal should be submitted in writing, setting out why the employee disagrees with the decision. The employer arranges a separate hearing, conducted wherever possible by a manager not previously involved.
The appeal isn’t a rubber stamp. The employee can present new evidence, and the person hearing it should consider it properly. If that new evidence warrants further investigation, the employer should carry it out before reaching a final decision. One important protection: if further investigation turns up new or more serious allegations, the employer should not use the appeal to increase the original penalty. A separate disciplinary process should be started for those new matters.13Acas. Preparing for a Hearing – Appealing a Disciplinary or Grievance
The appeal outcome goes in writing. That’s usually the final internal stage.
What Happens at Tribunal If the Code Is Ignored
Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 lets tribunals adjust awards based on how well each side followed the Code. Unreasonable failure by the employer can push the employee’s award up by as much as 25%. Unreasonable failure by the employee can cut the award by the same proportion.14Legislation.gov.uk. Trade Union and Labour Relations (Consolidation) Act 1992 – Section 207A The adjustment must be “just and equitable in all the circumstances,” so it isn’t automatic. Tribunals apply it regularly all the same.
Even on a modest base award of £10,000, the gap between a 25% uplift (£12,500) and a 25% reduction (£7,500) is £5,000. Following the Code properly is the cheapest insurance either side can buy.
Early Conciliation and Time Limits
Before filing a tribunal claim you must notify Acas, who will offer free early conciliation to try to settle the dispute without a hearing. If conciliation doesn’t work or you choose not to take part, Acas issues an early conciliation certificate, which you need before submitting your claim.15GOV.UK. Make a Claim to an Employment Tribunal – Before You Make a Claim
The time limit for an unfair dismissal claim is six months minus one day from the effective date of termination, meaning either the last day of your notice period or the day you were dismissed if no notice was given. Notifying Acas within the time limit pauses the clock while early conciliation runs, and once it ends you have at least one month remaining to file.16Acas. Employment Tribunal Time Limits Miss the deadline and a judge can still accept your claim in exceptional circumstances, but time limits are strictly enforced in practice. Don’t count on an extension.
How the Code Applies to Small Employers
Tribunals take the size and resources of an employer into account when deciding whether the Code was followed reasonably. A five-person business isn’t expected to match the HR infrastructure of a multinational, and small firms may not be able to follow every step exactly as written.12Acas. Discipline and Grievances at Work – The Acas Guide
The practical challenge for small employers often shows up at the appeal stage. The Code says appeals should be heard by someone not previously involved, but in a business run by a single owner-manager there may be nobody else. The owner can hear the appeal themselves, provided they approach it with genuine impartiality. The same applies to grievances raised about the only manager in the business. Documenting each step carefully matters even more when there is no separate HR function keeping the process on track.